09-118 Eminent Domain for Havana Street Bridge Project
Return to City of Spokane ,
Attn Clerk
808 W Spokane Falls Blvd
Spokane, WA 99201
FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF
SPOKANE AND THE CITY OF SPOKANE VALLEY REGARDING ACQUISITION OF
PROPERTY BY EMINENT DOMAIN FOR THE HAVANA STREET BRIDGE PROJECT
THIS FIRST AMENDMENT to the Interiocal Agreement Between the City of
Spokane and the City of Spokane Valfey Regardrng the Havana Street Bndge Project, is
made and entered into by and between the City of Spokane, a Washmgton municipai
corporatron, and the City of Spokane Valley, a Washington municipai corporation, jomtly
hereinafter referred to as the "parties "
WITNESSETH
1NHEREAS, on or about Apnl 14, 2009, the parties previously entered mto an
Interlocal Agreement Between the City of Spokane and the City of Spokane Valley
Regarding Acquisition of Property by Emment Domain for the Havana Street Bridge
Project (the "Agreement"), and
WHEREAS, the partres vinsh to amend the Agreement to address ownership of the
property to be acquired according to the terms of the Agreement
NOW, THEREFORE, the parties agree as follows
1 AGREEMENT DOCUMENTS The Agreement dated April 15, 2009, is
incorporated by reference into this First Amendment as though written in full and shall
remain in full force and efFect except as provided herein
2 AMENDMENT OF SECTION NO 2 Section No 2 of the Agreement is
amended as foliows
Page 1 of 8
C,~q-I I Pa
SECTION NO 2 APPLICABILITY OF THIS AGREEMENT
The parties agree that the provisions of this Agreement shall apply to the
land and property descnbed in the amended ordinance attached hereto as
Exhibd "1" ("Eminent Domain Ordinance")
3 AMENDMENT OF SECTION NO 3 Section No 3 of the Agreement rs
amended as follows
SECTlON NO 3 ACQUISITION OF PROPERTY BY EMINENT
DOMAIN
Upon final action or legislatrve approval of the Eminent Domain Ordinance
by the City of Spokane Vailey, the Office of City Attomey for the City of
Spokane may commence an action or actions in the Superior Court of
Spokane County, State of Washington, in the name of the City of Spokane
Valley, to acquire and take by eminent domain the lands and property
interests descnbed in the Eminent Domain Ordinance (the "Property"), the
parties having found that the Property described therein is necessary for the
Project The tdle to the Property described in the ordinance approved bv the
Spokane ValleV Citv Council on Apnl 14, 2009 shall vest in the City of
Spokane Valley for public street purposes and ali uses incidental thereto,
subject to such rights as the City of Spokane determines are necessary, in
its sole discretion, for constructing the Project, maintaining1 repainn% and
replacinq the subsequently improved public nght-of-way and related
aqaurtenances, and enforesment of traffic-related laws and negulations
Title to the balance of the Propertv described m the Eminent Domain
Ordinance as amended shall vest in the Crtv of Spokane The parties
acknowiedQe and understand that tdle to said propertv mav first vest in the
Cdy of Spokane Vallev pursuant to a iudqment vestinq title to the same m
litiqation authonzed by the Eminent Domain Ordinance The Citv of
Spokane Valley shall, within ten (10) days of a written reQuest bv the Crty of
Spokane, execute any and all documents reasonab(y reauested bv the Citv,
of Spokane (includinQ by way of example onlv a quIt claim deed convevinq
the Citv of Spokane Valley's entire interest in the propertV to the Citv of
Spokane in substantial fonn and content as set forth in Exhibd 2 to this First
Amendment) to perfect the Citv of Spokane's ownership of the PropertV
The Citv of Spokane ValleV shall execute and deliver said documents to the
City of Spokane at no cost to the Citv of Spokane, provided the Citv of
Spokane shall bear all costs associated with recordmq anv such documents
in the official records of Spokane Countv
Page 2 of 8
IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be
executed on date and year opposite their respectNe signatures
CITY OF SPOKANE
pATED Aw Xf
g
~ y Its ~~~v
ft,
Crty Admirnstrator ~
~ Cthr of Spokane
Attest Approved as to foRn
r q ~ ~
1 ~
ls I, v
City Clerk C Assistant City Attorney
DATED 7 ~p ~ CITY OF SPOKANE VALLEY
B}t~
DAVID MERCIER
Its Cify Manaqer
Attest Approved as to form
CtinZeBainbridge, City Clerk O ice of the City *ftorney
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Spokane City Clerk
EXHIBIT 1
AMENDED EMINENT DOMAIN ORDINANCE
CITY OF SPOK;ANE VALLEY
SPOKANE COUNTY, WASffiNGTON
ORDINANCE NO 09-014
AN ORDINANCE OF TEE CTTY OF SPOKANE VALLEY, SPOK:ANE COUNTY, VVASHINGTONz
AIVIENDING ORDINANCE 09-007 WHICH PROVIDED FOR THE ACQUISITION BY EMINENT
DOMAIN OF CERTAIN LANDS NECESSARY TO BE ACQUIRED TOR PUBLIC PURPOSES IN
CONNECTION WTTH THE HAVANA STREET BRIDGE PROJECT, LOCATED IN THE CITY OF
SPOK:ANE VALLEY, COUNTY OF SPOKANE, STATE OF WASHINGTON
RECITALS
VVBEREAS, the City of Spokane Valley, Washington (the "City") is a code city duty organized and
existing under and by virtue of the constitution and laws of the State of Washmgton, and
WHEREAS, the laws of the State of Washington (RCW 35A 21 160) provide that the City possesses
all of the powers which any city of any class may haie, and
WHEREAS, the laws of the State of Waslungton, RCW 35 22 280(7) provide that the City may
establish, open, alter, widen, extend, and otherwise improve streets, alleys, avenues, sidewalks, and other
public property in order to promote the best interest of the Gity, and
WBEREAS, tbe Constitution of the State of Washmgton, Ar4cle I Section 16 and the laws of the
State of Washington RCW 35?2 280(6) allow the Crty to purchase or appropnate pnvate property for public
use upon makuigjust compensahon to the owners pursuant to RCW Chapter 8 12, and
WHEREAS, the City has determined that it is in the City's best interest to cooperaie with and
facilrtate the City of Spokane's complerion of the Havana Street Overpass Project, as set forth in City of
Spokane Public Works file number 2004062, and
WHEREAS, ttie property idenUfied in Exh.ibrt "A" is necessary to complete the Project, and
WHEREAS, pursuant to RCW 8 25 290, notice has been mailed to eacb and every property owner of
record, as indicated on the tau rolls of Spokane County according to such addresSes shown on such rolls, at
least fifteen (15) days pnor to the City Council taking finaJ action on this ordinance, including publication of
notice of this ordmance in the Spokesman Review and the Spokane Valley News Herald for two (2)
consecutive weeks before final action by the City Council
NOW,1'HEREFORE, The City of Spokane Valley does ordam
Sechon 1 Public use and necessrty reqwms the City of Spokane Valley to acqu.tre the land and
property, and intecests therezn, as described in Exhubrt "A," for public purposes m order to complete the
Havana Street Bndge Project, including utilifies and related improvements, all as set forth in City of Spokane
Public Works file number 2004062
Page 4 of 8
Sechon 2 Subject to the terms and cooditions of the Amended Interlocal, a copy of which is
attached hereto as Fxhibit "B", the City Attomey and duly appomted Spectal Counsel are hereby authonzed
and duected to commence an action or actians in the Supenor Court of Spokane County, State of
Washington, en the name of the City of Spokane Valley, to acquue and take by eminent domam the lands and
property interests necessary to be acqutred for rhe purposes set forth herem, the lands and property tnterests to
be so taken situate in die City of Spokaiie Valley, County of Spokane, all tn the State of Washington, and
more specifically described in Exhibit "A", attached hereto and by this refecence made a part hereof
Sechon 3 The Office of tfie City Attorney for the City of Spokane is hereby for the purposes set
forth herein appourted as special counsel to the City of Spokane Valley Smd firm shall provide all legal
services in conjunction with the Office of the City Attorney for the purpose of representing the jomt mterests
of the City of Spokane Valley aad tbe City of Spokane as expressed in this ordinance
Section 4 That compensaUon for the land and propertp interests descnlaed in Fahibit "A" and all
associated costs, expenses, damages and attorney fees shall be solely payable by the City of Spokaae &om
fund account number 3200-94991-95200-56102, and funds wtvch are allocated toward the Havana Street
Bndge Project by the City of Spokane Department of Consbvction Services, pursuant to file number
2004062
PASSED by the City of Spokane Valley City Council this 21 ' day of July, 2009
RICHAR.D MUNSON, MAYOR
Attest
Chrtshne Bainbndge, City Clerk
Approved As To Form
Office of the City Attomey
Date of Publication Julv 31. 2009
Effective Date Aueust 5, 2009
Page 5 of 8
EXHIBIT 2
QUIT CLAIM DEED
VVHEN RECORDED RETURN TO
City of Spokane
Attn City Clerk
808 W Spokane Falls Blvd
Spokane, WA 99201
QUIT CLAIM DEFD
THE GRANTOR, CTTY OF SPOKANE VALLEY, a Washuigton murucipal corporation,
for and in consideraton of good and valuable consideration, the receipt of which is hereby
acknowledged, conveys and qutt claims to the CTTY OF SPOKANE, a Washwgton
muiucipal corporation, the following descnbed real estate, siiuated in the Crty of Spokane
Valley, County of Spokane, State of Washington
That portion of the Southwest quarter of the Northwesfi quarter of Sectron 14,
Townstup 25 North, Range 43 East, W M, uz the Crty of Spokane Valley,
Spolcauie County, Waslungton, descnbed as follows
BEGINIVING at the wtersection of tbe North line of Broadway Avenue and the
East luze of Havana Street,
Thence North 360 feet along the East ]ine of Havana Street,
Thence East 300 feet,
'I`hence South 360 feet to the North line of Broadway Avenue,
Thence VWest 300 feet to the POINT OF BEGINIVING (the "Property")
Except those portions of the Property reserved for pubhc right-of-way purposes
descnbed as follows ("ROW Area")
All that portion of the Property lying within the hereinafter descnbed Parcel "A"
descnbed as follow
Beginnulg at the ultersection of the north rYght of way luZe of Broadway Avenue
and the east nght of way of Havana Street, said pomt of beginrung bears
N 88°12'37"E , 30 00 feet from the west sechon hne of said Sectaon 14 and
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N 0 1°59'41"W , 30 00 feet from the West 1/4 comer of said Section 14, thence
N 01°5941" W, along the east nght of way luie of Havana Street, 300 00 feet,
thence N 88° 12'37"E , 50 00 feet, thence S 01°59'41°E , 70 00 feet, thence
S 43°06'28"W , 63 53 feet, thence S 0 1°59'41"E , parallel to and 5 00 feet east of
the east nght af way line of Havana Street, 175 00 feet, thence S 46°53'32pE ,
14 17 feet, to the north nght of way luze of Broadway Avenue, thence
S 88°12'37"W , along said north nght of way luie, 15 00 feet to the point of
begmning
Parcel "A"
That portion of the Southwest quarter of the Northwest quarter of Section 14,
Township 25 North, Range 43 East, W M, in the City of Spokane Valley,
Spokane County, Washuigton, described as follows
BEGINNING at the intersection of the North hne of Broadway Avenue and the
East luze of Havana Street,
Thence North 300 feet along the East luie of Havana Street,
Thence East 300 feet,
Thence South 300 feet to the North line of Broadrvay Avenue,
Thence West 300 feet to the POINT OF BEGTNNING,
(Contams 5,712 sq ft )
And further exceptmg all that portion of the Property lyuig anthin the hereinafter
descnbed Parcel "B" descnbed as follow
Beginning on the east right of aav liae of Havana Street, said point of
b~nning bears N 88°12'3?"E * 30 00 feet, thence N 01°59'41"W , 330 00
feet, from the West 1/4 corner of said Section 14, thence N 0 1°59'41"W , along
said east nght of way line, 60 00 feet to the northwest corner of said parcel,
thence N 88° 12'37"E , along the north lme of said parcel 50 00 feet, thence
S 01°59'41"E , 60 00 feet, to the south luie of said parcel, thence S 88°12'3?"W ,
along said south hne, 50 00 feet, to the point of beginrung
P12'CCl uBu
That portion of the Southwest quarter of the Northwest quarter af Sectinn 14,
Townslup 25 North, Range 43 East, W M, in the City of Spokane VaUey,
Spokane County, Waslungton, descnbed as follows
BEGINIVING at the intersection of the North l.uze of Broadway Avenue and the
East Iule of Havana Street,
Thence North 300 feet along said East luie to the TRUE POINT OF BEGINNING,
Thence contuzuing North 60 feet along said East lule,
Thence East 300 feet,
Thence South 60 feet,
Thence West 300 feet to the TRUE POINT OF BEGINNTNG
(Contains 3,000 sq ft )
Grantor hereby grants and conveys to the City of Spokane an easement for pubhc street
purposes and all uses incidental thereto, includuig wrthout limrtation the nght to construct,
Page 7 of 8
maultain, revau-. and replace the Havana Street Bndge and related neht-of wav imvrovements
and avourtenances
DATED this day of , 2009
GITY OF SPOKANE VALLEY
By
Its
STATE OF WASHINGTON)
)ss
County of Spokane )
I certify that I know or have satisfactory evldence that
and are the persons who appeared
before me and said persons acknowledged that they signed this documents, on
oath stated that they were authonzed to sign it and acknowledged it as the
, and the City Clerk, respectively of the CIfiY OF
SPOKANE VALLEY, a murucipal corporation, to be the free and voluntary act of
such party for the uses and purposes therein mentioned
Dated
Notary Pubhc in. and for
State, residing at
My appointment expires
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